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Law 46/1982, Of 9 July, On Contribution Of Spain To The Sixth Expansion Of Resources Of The International Development Association.

Original Language Title: Ley 46/1982, de 9 de julio, sobre contribución de España a la sexta ampliación de recursos de la Asociación Internacional de Fomento.

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TEXT

DON JUAN CARLOS I REY OF SPAIN

To all who present it and understand,

Sabed: That the General Courts have approved and I come to sanction the following Law:

Article first

Spain will participate in the sixth expansion of resources of the International Development Association with three thousand three hundred and three hundred thousand million pesetas convertible under the conditions set out in the resolution of its Council of Governors of twenty-six of March of a thousand nine hundred and eighty that is published as annexed to this Law.

Article second

The payment of the Spanish contribution will be made in three instalments according to the modalities provided for in the resolution mentioned in the previous article.

However, in order to ensure a fair distribution of the burden, the Minister of Finance is authorised; as Governor of Spain of the International Development Association, to accommodate the timetable and the amount of the of payments to other donor countries.

Third Article

The Bank of Spain is authorized, in accordance with the functions assigned to it by the provisions in force to apply the convertible pesetas that are necessary for the payment of the aforementioned transactions.

For this purpose, the Banco de España may issue promissory notes and other similar non-negotiable securities, without interest and payable in view and at face value in substitution of the cash payments.

For the purposes of the subscription authorized, the Banco de España will perform the functions provided for in the fourth article of the Decree-Law eleven/thousand nine hundred and sixty, of twenty-one of September.

Article 4

The Ministries of Economy and Trade, Finance and Foreign Affairs are empowered to take all measures necessary to implement this Law.

Article 5

This Law will enter into force on the day following its publication in the Official Journal of the State.

ANNEX

International Development Association

Resolution number 117

ADDITIONS TO RESOURCES. SIXTH REPLENISHMENT

Section A. Introduction.

One. Whereas:

a) The Executive Directors of the International Development Association have considered their future financial needs and have concluded that additional resources should be provided to the Association to make In the face of new commitments during the period of one of July of a thousand nine hundred and eighty to thirty of June of a thousand nine hundred and eighty three, on the bases and in the quantities described in the report of the Executive Directors of date twenty December of a thousand nine hundred and seventy-nine submitted to the Board of Governors

b) The members of Part I and some members of the Il part of the Association consider that it is necessary to increase the resources of the Association, that the quantities and conditions described in this resolution constitute a basis It is appropriate for its recommendation to its legislative bodies and therefore propose to request from their respective parliaments in cases where necessary, the approval of these agreements with a view to obtaining approval to compromise the amounts which are set out in Table I, as well understood as no undertaking acquired by a government Member State shall be valid until it has been obtained from its legislative body, if necessary, the relevant approval.

c) In view of the resource needs of the poorest and least developed countries, member countries have recognised the desirability of obtaining additional resources through other voluntary contributions; contributions would be accepted by the Association under agreed terms with the contributing members.

Two. Therefore, the Board of Governors resolves to accept the aforementioned report of the Executive Directors and to adopt its conclusions.

Section B. Additional resources provided by part 1 members.

Three Whereas:

to the resources that the members of Part I intend to contribute, in accordance with Section A of this resolution, will be a part in the form of voting subscriptions and part in the form of non-voting contributions.

b) The respective portions of the total amount that each member is proposed to contribute by means of subscriptions have been calculated in such a way that they adjust the relative participation of each member within the total votes which correspond to the members of Part I (without counting the votes attributed by the mere fact of being a member) to their relative participation in the total of the resources of the Association, constituted by what has already contributed more what is proposed contribution hereby on the basis set out in the aforementioned report of the Executive Directors;

(c) Each member of Part I of the Association has indicated its acceptance of the above provisions, as long as this acceptance is required by Article III, Section I. c). of the Convention establishing the Association.

Four, Therefore, the Board of Governors resolves that:

(a) The Association is authorised to accept additional resources from the members of Part I of the Association in the quantities of each of those members in Table I, quantities which are in turn divided into subscriptions with voting rights and non-voting contributions, as specified in Table II.

b) Each member shall have, in respect of these subscriptions, the voting rights specified for this in Table 11, second and third columns, calculated on the basis of B two thousand six hundred votes plus one additional vote for each Twenty-five dollars of such subscription, in accordance with what is prevented by section G of the present;

c) The payment of each subscription and contribution shall be made, except in the case below, in three equal annual instalments to be effected within the periods ending respectively on November 8, 000 nine hundred and eighty, eight of November of a thousand nine hundred and eighty one and eight of November of a thousand nine hundred and eighty two, taking into account that if the replacement authorized by this resolution has not entered into force, according to section E in force, on eight October of a thousand nine hundred and eighty, the payment of these instalments may be postponed, it is to be made effective within 30 days after the date on which the replacement has entered into force. This payment shall be made effective, at the option of the member, either (i) in the currency of the Member State if it is a freely convertible currency (as defined in Section 2, (f) of Article II of the Agreement establishing the Association), or with the approval of the Partnership, in convertible currency of another member country;

(d) A member may choose to make payments in quantities and dates other than those specified in subparagraph (c) above, provided that (i) no payment of a period, or part thereof, is deferred by more than one year and (ii) payment, together with any unused balance of the previous payments made by that member, at least equal to the amount which the Association considers to be required of that member until the date of expiry of the following period, for the purposes of disbursements to credit account granted from the repon authorized by this resolution.

e) Notwithstanding the foregoing, any member who wishes to make the payment of his or her subscription and contribution or part thereof without exercising his right to replace them with the deposit of promissory notes or other similar instruments, may cash such payment in quantities and dates other than those specified in the headings (c) and (d) above provided that (i) in the Association's judgment the terms of such payment are not less favourable to the Association than if they had been deposited in their place of pay or other similar instruments and (ii) the requirements specified in Subparagraph (d), (ii), above;

(f) The rights and obligations of the Association and of the members as regards the subscriptions and contributions shall be the same (except as otherwise provided in this resolution) than those governing ninety per cent. of the initial subscriptions of the founding members listed in Part I of Annex A to the Convention establishing the Association, as provided for in Article 11 (2) (d) of the Convention, with the understanding, however, that i) of the subscriptions and contributions of a member who pays in a currency other than his own may also be replaced for the deposit of promissory notes or similar instruments, as provided for in Article 11 (2) (e) of the Convention, and (ii) as provided for in Sections 1 and 2 of Article IV of the Convention, shall not apply to subscriptions and contributions;

g) If a member deposits an instrument of commitment (as defined in paragraph 50 and eight of the Executive Directors ' report) after the date on which the first instalment was due, even in the case of the payment has been deferred, in accordance with the provisions of paragraph (c) above, the payment of any period or part thereof by that member, which should have taken place on that date in accordance with the provisions of this resolution, shall have to be made within 30 days of the date of the said deposit. If a conditional commitment instrument (as defined in paragraph 50 and eight of that report) is deposited, then a notification of unconditional commitment to payment of one of the instalments or part of the same shall be deposited. after the date on which the payment of such a period or part of it would have to be effected, as provided for in this resolution, in such a case the Member State shall make the payment of such a period or part of it within 30 days from the date of the deposit.

Section C. Additional resources contributed by some members of Part 11.

Five. Whereas:

(a) Eight members of Part II (Argentina, Brazil, Greece, Korea, Mexico, Saudi Arabia, Spain and Yugoslavia) have indicated their intention to seek legislative authorization to provide the Association with additional funds in the form of available, part in the form of voting subscriptions and part in the form of non-voting contributions, as set out in the aforementioned Executive Directors ' report;

(b) With respect to voting subscriptions, the remaining members of Part 11 have waived the right which, under Article III, section one, (c), is recognised, to make subscriptions for such an amount as to maintain its proportional voting power.

Six For all the above, the Board of Governors resolves that:

(a) The Association is authorised to accept additional resources of the members listed in paragraph 5 (a) above, for the amount established for each member, in Table 11, column 1, first column, amounts which in turn are divided into subscriptions entitled to vote and non-voting contributions, as specified in Table ll;

(b) Each member shall have, in respect of his subscription, the voting rights set out in Table 11, column 3, calculated at the rate of one vote for each twenty-five dollars of the said subscription in accordance with the prevents section G of the present.

(c) The payment of each subscription and contribution shall be made available and in accordance with the provisions of Section B of this resolution for the subscriptions and contributions of the members of Part I. subscription and contribution, the rights and obligations of the Association and the member concerned shall be in accordance with the same terms and conditions as provided for in Section B

Section D Subscriptions in Part 11, Article III, Section

Seven. Whereas:

The proposed additional subscriptions are authorized for part I members in accordance with Section B of this resolution and therefore under the provisions of Article III section one, c) of the Convention. establishing the Association, each member of Part II shall have the opportunity to subscribe, under the conditions reasonably determined by the Association, such as to enable it to maintain its voting capacity.

Eight. The Board of Governors therefore resolves that:

a) The Association is authorised to accept additional subscriptions from members of Part 11. in the quantities and with the voting rights determined for each of those members in Table II, calculated at the rate of twelve thousand six hundred votes plus one additional vote for each twenty-five dollars of that subscription, as the Section G of this resolution.

b) The payment of each subscription shall be made in the currency of the subscriber member and in the same terms and conditions as it prevents) to Section B of this resolution for the subscriptions of the members of Part 1.

(c) The rights and obligations of the Association and the members in respect of such subscriptions shall be the same (except as otherwise provided for in this resolution) than those governing ninety percent of the initial subscriptions of the founding members, which are paid in accordance with Article 11 (2) (d) of the Convention establishing the members set out in Part 11 of Annex A to the Convention, taking into account. however, that the provisions of Section 2 of Article IV of the Convention shall not apply to such subscriptions.

Section E. Entry into force.

Nine. The Board of Governors hereby resolves that.

(a) None of the subscriptions and contributions authorized by this resolution shall be required as long as the following condition has not been met:

Members, including a minimum of 12 in Part 1, whose total subscriptions and contributions are not less than nine thousand six hundred million dollars, determined in accordance with the equivalences that are listed in Table I annexed, they must have formally notified the Association, within the period ending on 30 June of a thousand nine hundred and eighty, or at another later date that the Executive Directors set out in the established terms in paragraph 50 and eight of the report of the Executive Directors, which shall carry out the entire of the subscriptions and contributions authorized for each member in accordance with the terms of this resolution, and shall be understood to determine whether the condition set out in this paragraph has been met with respect to the total sum of subscriptions and contributions shall also take into account the additional subscriptions and contributions which any member of the Association has covered, which has not been allocated as set out in Table I annexed.

(b) The replacement authorised by this resolution shall enter into force on the date on which the condition laid down in the preceding subparagraph (a) has been fulfilled, and shall be understood, however, that no member shall be obliged to do so subscription and contribution here authorized for such a member or art unless he has sent the Association unconditional notification to that effect.

Section F. Commitment of replenishment resources.

Ten. Whereas:

Any member who deposits a conditional commitment instrument (as defined in paragraph fifty-eight of the Executive Directors ' report) is expected to include in the same an unconditional partial commitment to pay. a part of at least twenty-nine percent of its subscription and contribution authorized by the present and no later than eight October of one thousand nine hundred and eighty one and eight of October of one thousand nine hundred and eighty two, respectively, of deposit notifications of unconditional commitment that it will pay a second and third party equivalent to at least thirty-three and thirty-eight per cent (or remaining balance), respectively, of such a subscription and contribution.

Once. For all this, the Board of Governors resolves that:

(a) For the purposes of the Association's credit commitments, all subscriptions and contributions authorised by this Association shall be divided into three successive portions of at least twenty-nine, thirty-three and thirty-eight per (or the remaining balance), respectively, of the total of each subscription and contribution. The Association shall not grant new appropriations for which disbursements are to be taken from the respective portion of subscriptions and contributions unless notifications of unconditional commitments have been deposited for these minimum amounts. for any member whose subscription and contribution to the position authorised by this resolution represents more than twenty per cent of the total amount of the same, except in the cases referred to in the following paragraphs of this paragraph 11.

b) If such a member deposits a notification of unconditional commitment covering only a portion of any such portion of its subscription and contribution at the time that such portion is to be used for the purposes of a The Association's credit commitment is authorised to grant new credits whose disbursements are and will be charged to the sum of-i) the amount of the unconditional commitments in respect of such a portion of the member responsible for (ii) a proportion of the unconditional commitments in respect of such a portion of all the other members, equal to the relative share of the unconditional commitments with respect to such portion of the member responsible for the deficit in the total minimum amount of such portion of the subscription and contribution of that member.

(c) However, the foregoing provisions of this paragraph shall not preclude the Association from granting loans on condition that they may enter into force and link the Association in the financing of disbursements. account of such claims, provided that the Association has received sufficient unconditional commitments to allow new credit commitments under paragraphs (a) or (b) of this paragraph to be authorised.

d) If a deficit in the unconditional commitments of a member, as set out in subparagraph (b) above. the thirty-one of December of the fiscal year of the Association in which unconditional commitments have been scheduled for the portion of subscriptions and contributions affected by that deficit, or if the Association, on the other hand, has not been compensated In the case of the case-law of the European Parliament, the Council of the European Parliament, the Council of the European Parliament, the Council of the European Parliament, the Council of the European Parliament and the Council of the European Parliament, the Committee of the European possible to examine the situation and, in particular, to consider what action to take in order to to obtain the necessary unconditional commitments.

Section G. Voting Rights.

The Board of Governors hereby resolves that voting rights in connection with the subscriptions authorized in this resolution will be granted as follows:

(a) Date eight November of a thousand nine hundred and eighty (or, if the date of payment of the first partial payment of the subscriptions and of the contributions relating thereto is deferred in accordance with the provisions of paragraph 4 (c)) present the new date to be determined), eight of November of a thousand nine hundred and eighty-one and eight of November of a thousand nine hundred and eighty-two. respectively, shall be granted to each member who has deposited an instrument of commitment or a conditional commitment instrument (as defined in paragraph 50 and eight of the Executive Directors ' report), as provided for in the paragraphs (b) and (c) which follow one third of the subscription votes allocated to it in Table II. Any member who deposits this Instrument after any of the dates indicated will be granted. from the date of such deposit and subject to the provisions of paragraphs (b) and (c) below, the subscription votes to which he would have been entitled not in accordance with) or which precedes if he had deposited the indicated instrument prior to the first of the dates indicated.

(b) Any member who has deposited a conditional commitment instrument shall be granted subscription votes as provided in the preceding paragraph only to the extent that he makes the payments corresponding to his or her subscription. (and the corresponding contribution, if any).

(c) If a member who has deposited an instrument of commitment incurs any payment on behalf of his or her subscription (and of the corresponding contribution, if any), in the form and time due, under to the provisions laid down or referred to in paragraphs (c), (d) and (e) of paragraph 4 (c) and (b) of this paragraph, the number of subscription votes awarded or to be granted to that member in accordance with subparagraph (a) above shall be reduce in proportion to its deficit in payments.

d) To everything. a member whose subscription votes have been adjusted in accordance with subparagraphs (b) or (c) above, shall be granted the votes which have been the subject of this adjustment in the form and extent to which the deficit resulting from the adjustment is covered.

e) Each member shall be entitled to the additional votes which, for his sole condition, correspond to his or her subscription authorized by the present, from the date on which the subscription votes are granted to him by first time in accordance with the previous stipulations.

TABLE I

Contributions to AIF 6

Country * National currency * (In millions) * Equivalence in dollars-(In millions) * Equivalence in DEG-(In millions) * Percentage GNP *

South Africa * 8.26 * 10 * 7.63 * 0.005 *

ordinary Germany * Z.535, 41 * 1,440 * 45 77 * 0.052 *

Germany extra * 105.64 * 60 * 45.77 * 0.052 *

Saudi Arabia * 1 .304.55 * 390 * 297.50 * 0.065 *

Argentina * 37 .087, 50 * 25 * 19.07 *

Australia * 203.53 * 229.20 * 174.83 * 0.04P *

Austria * 1,034.20 * 81.60 * 62.25 * 0.030 *

Belgium * 5,743 58 * 201,60 * 153 78 * 0.045 *

Brazil * 1.484 '25 * 50 * 38' 14 *

Canada * 601'81 * 516 * 393 61 * 0.060 *

Denmark * 743.04 * 144 * 109.85 * 0.063 *

United Arab Emirates * 300,96 * 79.20 * 60.42 * 0.082 *

Spain * 3.303, 0 * 50 * 38.14 * 0.006 *

United States * 3.240 * 3.240 * 2 .471.53 * 0.036 *

Finland * 268.34 * 72 * 54.92 * 0.050 *

France * 2.672.78 * 645.60 * 492.47 * 0.030 *

Greece * 220.85 * 6 * 4.58 *

Netherlands * 704.16 * 360 * 274.61 * 0.062 *

Ireland * 6 23 * 13.20 * 10 07 * 0 024 *

Iceland (1) * 1.373 ' 76 * 3.60 * 2 75 * 0 067 *

Italy * 377,223 * 462 * 352.42 * 0.044 *

Japan Ordinary * 322 .992 * 1 .440 * 1 .098.46 *

Japan extra * 71.224.22 * 317.54 * 242.22 * 0.037 *

Korea * 1,452 * 3 * 2.29 * 0.001 *

Kuwait * 55.20 * 200 * 152.56 *

Luxembourg * 170, P4 * 6 * 4.58 * 0.039 *

Mexico * 455.85 * 20 * 15.26 *

Norway * 708.84 * 144 * 109.85 * 0.074 *

New Zealand * 10 * 0.02 * 7.65 * 0.015 *

Portugal (1) * 343.71 * 7 ' * 5.33 *

UK * 554, 7 * 1 .212 * 924.58 * 0.083 *

Sweden * 1,497.24 * 360 * 274.61 * 0.095 *

Venezuela (1) * 85 85 * 20 * 15.26 *

Yugoslavia * 381 14 * 20 * 15.26 * 0.008 *

Subtotal * * 11 .838.56 * 9.030.71 *

Uncovered * * 161.44 * 123.15 *

Total * * 12,000.00 * 9 153.86 ' * *

(I) Provisional figures.

TABLE II, a)

Part I Members

Country * Additional subscriptions and contributions * Votes for additional subscriptions * Additional votes per member *

* Non-voting contributions-(In dollars) * Right to vote subscriptions-(In dollars) * * *

Australla * 228853,425 * 346,575 * 13,863 * 2 W *

Austria * 81,469,125 * 130,875 * 5,235 * 2,600 *

Belgium * 201273,025 * 326,975 * 13.079 * 2,600 *

Canada * 515,347,375 * 662,625 * 26, 105 * 2,600 *

Denmark * 143775, 25 * 224375 * 8975 * 2600 *

Finland * 71 ,87ff.625 * 123.3-,, * 4,935 * 2,600 *

France * 644, 640.525 * 952,475 * 38.379 * 2600 *

Germany * 1497421, 125 * 2578,875 * 103. 155 * 2,600 *

Iceland * 3,593 600 * 6 400 * 256 * 2 600 *

Ireland * 13 182 275 * 17 725 * 709 * 2 600 *

Italy * 461 269,750 * 730,250 * 29,210 * 2,600 *

Japan * 1754.173.0W0 * 3367.00 ' * 134680 * 2,600 *

Kuwait * 199654,800 * 345200 * 13,808 * 2, 600 *

Luxembourg * 5,990.,, 5 * 9.625 * 385 * 2,600 *

Netherlands * 359,417.100 * 082.90 * 23,318 * 2.60 *

New Zealand * 10010.075 * 9, 925 * 397 * 2,600 *

Norway * 143.757.6.5 * 242.375 * 9.695 * 2,600 *

South Africa * 9,999.57 * 500 * 20 * 2,600 *

Sweden * 359.523925 * 476.075 * 19, 043 * 2600 *

United Arab Emirates * 79,035,750 * 164,250 * 6,570 * 2,600 *

United Kingdom * 1 210 243,400 * 1.75 .800 * 70.2 4 * 2 600 *

United States * 3 235 658,600 * 4,341,400 * 173,856 * 2 600 *

TABLE II, b

Country * Additional subscriptions and contributions * Votes for additional subscriptions * Additional votes per member *

* Non-voting contributions-(In dollars) * Right to vote subscriptions-(In dollars) * * *

Argentina * 24.530.050 * 469.950 * 2385 * 2600 *

Greece * 5,930,800 * 69,203 * 577 * 2600 *

Korea * * * 2.964.325 * 35.675 * 988 * 2,600 *

Mexico * * 19.761525 * 238.47 * 1,922 * 2,600 *

Saudi Arabia * 388647,775 * 1.352.225 * 37808 * 2,600 *

Spain * 49.622.400 * 377,300 * 4,827 * 2,600 *

Yugoslavia * 19,846,625 * 153.375 * 1.231 * 2,600 *

TABLE III

Power of vote. Members Part I

Country * Cumulative Resources-Thousands of Dollars * Subscription Votes * Power of Vote *

* * Number * Percentage Part I * Number * Percentage *

Australia * 610,188 * 59.215 * 2.08 * 69.115 * 1.34 *

Austria * 203,592 * 19,757 * 0.69 * 29,657 * 0.57 *

Belgium * 496.433 * 48.176 * 1.69 * 58.076 * 1.12 *

Canada * 1,605,771 * 155,830 * 5.46 * 165,730 * 3.21 *

Denmark * 371,258 * 36.028 * 1.26 * 45.928 * 0.39 *

Finland * 165.Z80 * 16.039 * 0.56 * 25,939 * 0.50 *

France * 1.749.83 * 16.74 * 5.95 * 179,648 * 3.48 *

Germany * 3,428.201 * 332,686 * 11.66 * 342,586 * 6.63 *

Iceland * 7,814 * 758 * 0.03 * 10.858 * 0.21 *

Ireland * 39.180 * 3,802 * 0.13 * 13.702 * 0.27 *

Italy * 1.172.366 * 113.771 * 3.99 * 123.671 * 2.39 *

Japan * 3.388.737 * 3.28.856 * 11.53 * 338.756 * 6.56 *

Kuwait * 454.650 * 44.121 * 155 * 54,021 * 1.05 *

Luxembourg * 14,926 * 1,448 * 0.05 * 11.348 * 0.22 *

Netherlands * 888.243 * 86,198 * 3.02 * 96,098 * 1.86 *

New Zealand * 36,166 * 3.510 * 0.12 * 13.410 * 0.23 *

Norway * 338.598 * 32,859 * 1.15 * 42,753 *

South Africa * 53,224 * 5,165 * 0.18 * 15.065 *

Sweden * 1,082,581 * 105,058 * 3.68 * 114,958 * 2.22 *

United Arab Emirates * 129,955 * 12.611 * 0.44 * 22 511 * 0.44 *

United Kingdom * 3.364.870 * 326.54C * 14.44 * 336.440 * 6.51 *

United States * 9.639,913 * 035 495 * 32.79 * 945,395 * 18.29 *

TABLE IV

Power of vote. Members Part II

Country * Cumulative Resources-Thousands of Dollars * Subscription Votes * Power of Vote *

* * Number * Percentage Part I * Number * Percentage *

Argentina * 50.076 * 71,158 * 6.43 * 81.153 * 1.57 *

Brazil * 54,636 * 71.596 * 6.47 * 81.496 * 1.68 *

Greece * 9 29O * 9,756 * 0.88 * 19,856 * 0.38 *

Korea * 5,626 * 5,059 * 0.46 * 14959 * 0.29 *

Mexico * 31,412 * 33,838 * 0.06 * 43,738 * 85 *

Saudi Arabia * 744,775 * 10,027 * 9.56 * 15.927 * 2.24 *

Spain * 99.521 * 47.888 * 4.33 * 57.785 * 1.12 *

Yugoslavia * 42,847 * 19.546 * 1.77 * 29,446 * 0.57 *

Therefore,

Command to all the Spanish individuals and authorities, to keep and keep this Law, Palace of Zarzuela, to nine of July of one thousand nine hundred and eighty two,-JUAN CARLOS R.-The President of the Government, Leopoldo Calvo Sotelo and Busto,